This form is used when the defendant admits facts that are true and deny allegations that are not true. This answer must be filed within 20 days in federal court and 30 days in some state courts. This form is a generic example of an answer that may be referred to when preparing such a pleading for your particular state.
Illinois Answer with Specific Denials and Admissions Along with Denial of Sufficient Knowledge or Information to Form a Belief as to Certain Allegations
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How to fill out Answer With Specific Denials And Admissions Along With Denial Of Sufficient Knowledge Or Information To Form A Belief As To Certain Allegations?
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FAQ
Rule 137 is designed to penalize the litigant who pleads false or frivolous matters or who brings a lawsuit without any basis in the law. Swanson v. Carter, 258 Ill. App.
If you go to court, the judge will tell you when you need to file your Answer. It will usually be 10 days from your court date. In lawsuits for more than $50,000, the Summons will state that you must file an appearance within 30 days after the day you are served.
?2-615 Motions to Dismiss Typically, 2-615 Motions are granted when the Complaint fails to state allegations which amount to a cause of action. For example, a cause of action for a civil assault requires the plaintiff to plead the following elements: An intentional act. Directed toward the plaintiff.
2-610. Pleadings to be specific. (a) Every answer and subsequent pleading shall contain an explicit admission or denial of each allegation of the pleading to which it relates.
2-619. Involuntary dismissal based upon certain defects or defenses. (a) Defendant may, within the time for pleading, file a motion for dismissal of the action or for other appropriate relief upon any of the following grounds.
Section 2-619.1 of the Illinois Code of Civil Procedure authorizes the filing of one pleading incorporating motions to dismiss under sections 2-615 and 2-619. 735 ILCS 5/2-619.1. "A combined motion, however, shall be in parts.
Practitioners need to also remember that if a party files an affirmative answer, the opposing party must file a reply, or the affirmative defenses will be deemed admitted. 735 ILCS 5/2-602.